393: Resolution on the Human Rights Situation in the Democratic Republic of the Congo - ACHPR/Res. 393 (LXII) 2018

The African Commission on Human and Peoples’ Rights (Commission), meeting
at its 23rd Extraordinary Session held from 13 to 22 February 2018
in Banjul, The Gambia;

Recalling its mandate to promote and protect
human and peoples’ rights in Africa under the African Charter on Human and
Peoples’ Rights (African Charter);

Further
recalling the obligations of the Democratic Republic of the Congo (DRC) as a
Member State of the African Union, State party to the African Charter, the
African Charter on Democracy, Elections and Governance, and other relevant
regional and international human rights instruments;

Recalling the provisions of
Articles 3(2), 4 and 23 of the African Charter on the obligations of States
parties to protect the lives of populations and to guarantee peace and security
in their territories;

Further recalling the importance of
promoting and protecting human rights, democracy, rule of law and peacebuilding
on the continent;

Bearing in mind its Resolutions ACHPR/Res.90 (XXXVIII)
05, ACHPR/Res.103 (XXXX) 06, ACHPR/Res.139 (XXXXIV) 08, ACHPR/Res.173 (XLVIII)
10, ACHPR/Res.241 (EXT.OS/XIV) 13, ACHPR/Res.284 (LV) 14 and ACHPR/Res.358
(LIX) 16 on the human rights situation in the Democratic Republic of the Congo,
as well as its Press Release of 8 January 2018 on the human rights situation in
the DRC;

Recalling that the primary role of the security and
defence forces, including the Congolese military (FARDC), national police (PNC)
and other security groups is to ensure the protection of the population and
their property;

Concerned about the continued
deterioration of the political, security, humanitarian and human rights
situation in the Democratic Republic of the Congo;

Concerned about allegations of serious
and massive human rights violations against civilian populations, following
violent clashes between the Kamwina Nsapu militia and the Congolese defence and
security forces in the Kasaï provinces;

Deeply concerned in particular about the
loss of lives, summary executions, acts of torture, mutilation, sexual
violence, arbitrary arrest and detention, massive and forced displacement of
populations, looting and destruction of property in the Kamonia territories
following the death of the traditional ruler Jean-Prince Mpandi, alias “Kamwina Nsapu”, killed during a military assault on 12
August 2016;

Deeply concerned also about allegations of
serious and massive human rights violations, in particular the loss of lives,
serious casualties, arbitrary arrest and detention, as well as repression
against human rights defenders, activists, journalists and opponents of the current
regime following peaceful demonstrations organized since 31 December 2017 by
groups of citizens to protest against the refusal to accept political change
and the constant rescheduling of the presidential election;

Noting the lack of investigation
into allegations of human rights violations, as well as the impunity that may
be enjoyed by the perpetrators;

The
Commission:

Strongly
condemns the serious and
massive human rights violations in the various provinces of the Democratic
Republic of the Congo and the ongoing impunity;

Further condemns the
excessive and disproportionate use of force and all other forms of human rights
violations against peaceful protesters;

Urges the authorities of the
Democratic Republic of the Congo to:

-Take the necessary measures to put an end to all
ongoing situations of human rights violations in the various provinces and
towns of the country, particularly in Kasaï;

-Put an end to arbitrary arrest and detention, and
ensure the immediate release of arbitrarily detained protesters, political
opponents, journalists and human rights defenders;

-Conduct effective, independent
and impartial investigations into the various human rights violations committed
in the country in order to bring the alleged perpetrators to justice and guarantee the right to
a fair trial;

-Cooperate with the African
Commission on Human and Peoples’ Rights, including by authorising a
fact-finding mission in order to investigate, among others, allegations of
human rights violations committed in the country;

-Fully cooperate with international experts appointed
by the UN Human Rights Council to determine the facts and circumstances of the
violations committed in the Kasaï since August 2016, in particular by granting
them access to areas and villages affected by the violence, as well as allowing
them to speak to victims in a safe and confidential environment;

Urges the Congolese political class to respect and
effectively implement the Political Agreement of 31 December 2016, and
encourages the various stakeholders to take the necessary measures to preserve
social peace through dialogue and consensus.